Intoxication Assault Defense in Denton

Individualized Defense for a Serious Texas Felony Charge

An intoxication assault allegation calls for close examination of the collision, the claimed injury, and the evidence of intoxication. At Goline & Roland Law Firm, PLLC, we represent people charged with intoxication assault using strategies built around their circumstances, priorities, and the evidence in the case.

Our criminal defense attorneys bring more than three decades of combined experience to serious felony charges. We listen before developing a strategy and provide compassionate, assertive representation throughout the criminal process.

Call (940) 400-0475 to discuss an intoxication assault charge with our criminal defense attorneys.

Texas Intoxication Assault Charges & Penalties

Texas uses the term intoxication assault for conduct that some people describe as vehicular assault. Texas Penal Code Section 49.07(a) requires the prosecution to allege that a person operated a motor vehicle in a public place while intoxicated and, by accident or mistake, caused serious bodily injury to another person.

A standard driving while intoxicated allegation focuses on whether someone operated a vehicle while intoxicated. Intoxication assault adds a separate causation element: the prosecution alleges that the intoxication caused another person to sustain a qualifying injury.

Important parts of an intoxication assault allegation include:

• Intoxication: The state must rely on evidence intended to establish intoxication as defined by state law.
• Causation: The evidence must connect the alleged intoxication to the injury rather than merely show that a collision and alleged intoxication occurred together.
• Serious bodily injury: Texas law defines this as an injury creating a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of a bodily member or organ.

Intoxication assault is generally a third-degree felony under Texas Penal Code Section 49.07(c). A conviction at that level carries a potential prison sentence of two to 10 years and a fine of up to $10,000. Conditions associated with felony intoxication offenses can also include an ignition interlock device, community service, and alcohol rehabilitation.

The applicable punishment range can change when a statutory felony enhancement is alleged. Texas law provides an enhancement when a traumatic brain injury results in a persistent vegetative state. Other enhancement provisions may apply when the injured person is an on-duty firefighter or emergency medical services worker, or a peace officer or judge acting in an official capacity.

Evidence in an Intoxication Assault Defense

A charge isn’t proof of every required element. We thoroughly investigate each case before building a defense strategy, examining whether the available evidence supports the allegations of intoxication, causation, and the required level of injury.

Intoxication Evidence

Blood or breath test results may be central to the state’s case, but they aren’t the only evidence that matters. Field sobriety testing, officer observations, video, the timing of testing, and records surrounding a blood draw warrant can all affect how the allegation is evaluated. The issues that matter depend on the evidence available in the case.

Collision & Medical Evidence

Collision evidence can clarify how an impact occurred and whether another event or condition contributed to it. Medical records may also show whether the reported harm meets the statutory injury threshold. Both types of evidence can shape disputes about causation and the severity of the alleged injury.

Causation & Deadly Weapon Allegations

Concurrent causation applies when a person’s conduct and another cause may both have contributed to an alleged result. State law makes the relationship among the accused person’s conduct, other contributing causes, and the injury a potentially material issue.

A deadly weapon finding is a separate allegation, not an automatic label for every intoxication assault case. Whether a vehicle is alleged to have been used as a deadly weapon depends on the facts and legal arguments presented.